If my younger sister sells their house, how can we protect my parents assests & our inheritence from her? we feel she'll pocket the money after their passing.
My elderly mother 95 yo broke her hip and is in rehab. We are 3 siblings, I live outside of the country and my 2nd sister she lives 80 miles away from Mom, my younger sister lives closeby, not employed, she has her own family, but since she's the one checking on mom most of the time we have noticed that she is manipulating her .
At this point we need to move mom to assisted living (with my dad 100 yo & in ok health), we have to sell their house to be able to afford the AL. their SS and savings not enough. I need help of an attorney? real estate agent? don't know where to start?
Who holds your parents' Power of Attorney?
Who is arranging for your parents to go to Assisted Living?
It certainly would be nice if you and your sisters could get together on a Zoom call and hash out next steps.
If your parents only have SS and a house, it is highly likely that they will end up needing Medicaid to pay for facility care. You would do well to find out if mom's state pays for AL at all, possibly through a waiver program. Consultation with a qualified Elder Law attorney would be prudent so that you all understand how using your parents' assets for care works.
It is highly unlikely that there will be any "inheritance " after your parents pay for facility care.
In any case, all proceeds from the house sale and their investments are to be used for their well-being. They will not be Medicaid approved, they will be self pay until their money runs out.
Need more information to be able to respond further.
If no POA has been named then see an Elder Law Attorney in that state for advice and options. Normally this would involve the sibling living nearby and involved in the parent's lives, AS WELL AS best capable to keep meticulous records as REQUIRED OF A GUARDIAN/conservator under the law. This person must apply in court with the proper records (2 MDs, one a neuro-psych attesting that the patient is no longer of sound mind and requires placement and conservatorship).
If the remaining siblings do not trust the sibling appointed by either the parent or the courts they have a right to see THEIR OWN attorney and to file with the court so that the records will be examined for accurancy and honesty.
You have a 100 year old father in care already. The mother will now also enter care. Unless there was enormous wealth, I cannot imagine that much will be left over to split three ways, but I know nothing about amounts of wealth involved. If there IS a great amount of wealth then see an attorney to protect the assets of this couple, to pay for their care in a good facility, and protect any inheritance that might be left over at their demise.
All of this will be exceptionally difficult to do from another country, as you can well imagine. Best of luck to you.
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